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Firing for practice on my property -- distance from neighbor

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  • Firing for practice on my property -- distance from neighbor

    I've been looking and looking online and cannot find specifics about where (in Florida) it's illegal to fire a weapon for practice.
    I've heard it's illegal to fire one in a populated, residential area such as a housing complex neighborhood with small yards, but where can I get the specifics?

    I live on a private acre that used to be rural. Now, housing projects have cropped up nearby, but I'm not directly adjacent to one.
    There's a suburban-type neighborhood a square acre's width over, a highway about the same distance on the other side, and a business with property behind.
    How many feet do I have to be away, for example, from the housing complex to set up a little plinker range? The highway, as well? The business?
    I'm zoned business/residential/agricultural (the kind of agro where you can have a horse or chickens but not a pig).

    Any references or citations (even informal paraphrasing) would be greatly appreciated.
    Thanks!
    --Jeff

  • #2
    Re: Firing for practice on my property -- distance from neighbor

    I am not sure of the laws...however, my .22 says not safe within a mile and a half. I am sure larger rounds might even be further.

    Bob
    Bob

    "Until reinforcements arrive, can we learn the ways of church mice"
    - Al Swearengen, "Deadwood"

    Comment


    • #3
      Re: Firing for practice on my property -- distance from neighbor

      ...

      thursday august 13, 2009

      ...burris

      check this out..........maybe of some help 8)

      **********review may 17, 2009..............

      the orlando gun lawyer....photo of Mr. Gutmacher



      http://orlandocriminallawyer.blogspot.c ... ublic.html


      Friday, May 15, 2009
      Discharging a Firearm in Public

      I received an interesting email where a gentleman had been approached by a deputy who was responding to a "shots fired" complaint. The man indicated that he had been firing for target practice on his rural property -- berm and all -- but the deputy said that he could be arrested under F.S. 790.15 for "discharge in a public place". No arrest was made, but the individual wanted to know the law. Well -- the law is very clear that your backyard is not a "public place" -- it is private property, and not covered by this section of the statute. C.C. v. State, 701 So.2d 423 (Fla. 4DCA 1997). The conduct, as described, was safe shooting, and was totally legal. Moreover, there might even be some additional protection under F.S. 790.333 if the area has been used primarily as a private range.

      Hope that makes the issue clear.
      Posted by Jon H. Gutmacher at 6:35 AM
      6 comments:
      Robb Allen said...
      I live in a neighborhood of 1/4 acre lots, so not a ton of room. I often take my air rifle outside to practice, and I have it specifically since it's quiet enough and not technically a firearm.

      If I were to build an appropriate backstop, I can't imagine it would still be legal for me to shoot in such a small, confined space.

      Is there a legal difference between shooting in a larger field that you own vs. a backyard that's not exactly conducive to being a range? Not that I plan on taking the .357 Magnum out and plinking cans or anything, but I have a hard time believing that I'd be in the clear to do so.

      May 15, 2009 7:05 AM
      Anonymous said...
      you must email from the main web site for an answer

      May 16, 2009 4:37 AM
      Anonymous said...
      If you check your local ordinances (maybe they are even State Statute) I am sure there is something saying that a firearm may not be discharged within so many feet of a structure or roadway. It may be 500 feet, IIRC.

      An interesting point about the air rifle in your back yard is that it can be fired all day long into a back stop without breaking any laws, AFAIK, as I had a go around with the local PD and a neighbor when my son was firing his. The officer did point out that if a BB missed the back stop and left the yard, then it would be a tresspass.

      May 16, 2009 6:25 AM
      Anonymous said...
      A trespass is an intentional act to go on another's property against the owners permission. A mistaken entry is not a trespass until a warning to leave occurs. The police officer had no idea about the law. While there could be a local ordinance as described, it would be contrary to the preemption law - and unconstitutional. It might be culpable negligence if a shot strayed, but that requires a very high degree of negligence.

      An excellent reason to actually know the law before quoting it.

      jhg

      May 17, 2009 5:41 AM
      Anonymous said...
      So based on Mr. Gutmacher's original post, I could set up a berm on my residential 1 acre home lot and use that for a target practice back drop?

      It would be great to stop having to go to the local range, but I think I would somehow be quickly in trouble with the law! There must be some type of ordinance that prevents such a thing. Who's to determine what is an appropriate backstop and safe use when you have the Deputy show up due to neighbor's complaints?

      On another note, it's good to see a new post by Mr. Gutmacher

      Thank you,
      firemediceric

      May 17, 2009 6:43 AM
      Anonymous said...
      shooting on your own property is usually restricted by zoning ordinances. Noise ordinances may also effect them. They must be safe, and be constructed so shots cannot reasonably stray off the property or endanger anyone or anything. Protection of a private range from local regulation can best be obtained by following the procedures in 790.333, although that is something most people other than a professional range will avoid.
      jhg

      May 18, 2009 7:12 PM
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      marsmet47

      shalomt/tschüss...

      ..
      Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. benjamin franklin 1759

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      • #4
        Re: Firing for practice on my property -- distance from neighbor

        I don't believe it is necessarily covered by a State law. As was mentioned...check your county regs.
        Florida Concealed Carry Forum

        Comment


        • #5
          Re: Firing for practice on my property -- distance from neighbor

          I live in a rural area, 1/4 mile outside city limits, and was target shooting a few years back. A LEO showed up and told me I couldn't shoot where I live. He was wrong at what he told me, but since then I have looked into it for my location. The only law I could be held on was a disturbing the peace law, if a neighbor called it in. I have not shot on my land since to avoid any trouble with neighbors. We all have 1/2 acre to 3 acre lots by the way. Look into your local laws concerning this.

          Comment


          • #6
            Re: Firing for practice on my property -- distance from neighbor

            Once rural land has been changed to commerical or city the shooting is done for. I would say once the housing projects go up they have changed the zoning. You will not find it in state law but look into county law and there will be something on it. Good luck.

            The deadliest weapon in the world is a Marine and his/her rifle.

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            • #7
              Re: Firing for practice on my property -- distance from neighbor

              Palm Beach county ORDINANCE NO. 92-15 disallows the firing of weapons from about twelve east Belle Glade to the Atlantic Ocean, from Broward to Martin county. The words of wisdom of our all knowing elected leaders:

              ORDINANCE NO. 92-15
              AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, PROHIBITING THE DISCHARGE OF FIREARMS EAST OF A SPECIFIC NORTH-SOUTH BOUNDARY LINE; PROHIBITING THE DISCHARGE OF FIREARMS WEST OF THE BOUNDARY LINE WITHIN THREE HUNDRED (300) YARDS OF STRUCTURES; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTY; PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEAL OF ORDINANCE NO. 71-8 AND OTHER LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
              US Army 1953-1977

              ‘‘We, the People are the rightful masters of both Congress and the courts — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.’’
              — Abraham Lincoln

              Comment


              • #8
                Re: Firing for practice on my property -- distance from neighbor

                In many counties(id say most) you can shoot on private property as long as you do so safely regardless of your neighbors objections as long as its not in city limits

                Comment


                • #9
                  Re: Firing for practice on my property -- distance from neighbor

                  Originally posted by Scattergun
                  In many counties(id say most) you can shoot on private property as long as you do so safely regardless of your neighbors objections as long as its not in city limits
                  This is the case in Putnam county. I only have 3/4th of an acre, but no close neighbors. I still don't shoot on my property even though i legally can. If the bullet were to leave my property, then i'd be breaking the law in Putnam county. My gun is just to loud to be shooting some 200+ times in my neighborhood. I'm as rural as it gets by the way. I go to my inlaws all the time and shoot, but they have 10 acres.

                  I'm still considering a 22 pistol to shoot on my property.

                  Comment


                  • #10
                    Re: Firing for practice on my property -- distance from neighbor

                    Google the recent case of Dr William Howe, in Santa Rosa County. He had constructed a legitimate back yard range, and used it for years. Eventually, neighbors started to complain. There were no incidents, no injuries, and no real problems. Just a few scared and very vocal neighbors. Initially, the county commision stated publicly that they could not shut him down, as it was all legal. The public pressure increased, so they essentially crafted a law that forced him to close his range.
                    Dr John Meade
                    Director of Tactical Medicine
                    Suarez International

                    Click here for all my posted SI classes

                    Comment


                    • #11
                      Re: Firing for practice on my property -- distance from neighbor

                      Florida is becoming a blue state.

                      Comment


                      • #12
                        Re: Firing for practice on my property -- distance from neighbor

                        You have to respect your neighbors right to piece and quite IMO. I'd love to have a motorcycle dyno, but I know that would be loud and annoying as well.

                        Comment


                        • #13
                          Re: Firing for practice on my property -- distance from neighbor

                          look your county and municipality on Municode, and start researching!

                          http://www.municode.com/resources/code_ ... ?stateID=9
                          T.A.N.S.T.A.A.F.L.

                          "A golf course is the willful and deliberate misuse of a perfectly good rifle range." - Jeff Cooper

                          Comment


                          • #14
                            Re: Firing for practice on my property -- distance from neighbor

                            Originally posted by bama
                            Google the recent case of Dr William Howe, in Santa Rosa County. He had constructed a legitimate back yard range, and used it for years. Eventually, neighbors started to complain. There were no incidents, no injuries, and no real problems. Just a few scared and very vocal neighbors. Initially, the county commision stated publicly that they could not shut him down, as it was all legal. The public pressure increased, so they essentially crafted a law that forced him to close his range.
                            ..................................

                            wednesday september 16, 2009

                            Private firing range is cited for zoning violation
                            July 24, 2009 5:27 PM

                            http://www.srpressgazette.com/articles/ ... oners.html



                            “In an R-1 single family district you cannot have and outdoor rifle and pistol range,” said Lynchard. “Dr. Howe you purchased the property in 2001 and the ordinance pre-existed so I am making a motion to direct code enforcement to directly cite the property owner.”

                            *****The new ordinance which passed unanimously will limit gunfire in a single-family residential zone to no more than five shots audible from inside a home within a 24-hour period unless in the case or self defense or other special circumstances.

                            Many of the residents not only complained about the noise, but also whizzing bullets and finding them in their driveway and along a walking trail.

                            .................................................. .....

                            ......to no more than five shots audible from inside a home within a 24-hour period unless in the case or self defense or other special circumstances. :shock:


                            marsmet47

                            shalom/tschüss..
                            Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. benjamin franklin 1759

                            Comment


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